After many years of frustrating arguments with judges across Tennessee trying to obtain an expungement order for implied consent cases that were dismissed, the Tennessee Legislature passed a law in 2023 that now specifically allows most (but not all) dismissed implied consent violations to be expunged (erased from public record). Public Chapter 137 became law on April 6, 2023 amending Tennessee Code Annotated, Section 40-32-101 and Section 55-10- 407, relative to expunction. Drivers who are suspected of the crime of ... Read More »
Biking Under the Influence
In some states, such as Florida, an individual can be charged with a DUI while riding a bicycle. A local Tennessean experienced the consequences of biking under the influence while on vacation at the popular Sanibel Island in Florida according to The Charlotte Observer. Under Florida Statute 316.2065, bicycles have “…all of the rights and duties applicable to the driver of any vehicle under this chapter.” In Florida, intoxication for a DUI is measured the same for a bike as ... Read More »
Possession of a Handgun While Under the Influence of an Intoxicant
Many of our clients are unaware that there is a separate criminal offenses in Tennessee when one is in possession of a handgun while under the influence. T.C.A. § 39-17-1321(a). This means that one may be charged with and convicted of both DUI and Possession of a Handgun While Under the Influence of an Intoxicant. Notwithstanding whether a person has been issued a handgun permit or is otherwise permitted to carry a handgun, it is an offense in Tennessee for ... Read More »
More 2023 Tennessee DUI Legislation
As we all know, or should know, our laws are born with legislation sponsored by our Tennessee State Senators and Representatives. Accordingly, it is an incumbent upon all of us to keep track of what laws are being introduced, or need to be introduced, so that we can provide feedback to our legislators. In this article, I want to provide you with information relating to two Senate bills relating to Driving Under the Influence (DUI) laws that are pending before ... Read More »
Changing The Expungement Laws One Step At A Time
Recently, I had a client who, unfortunately passed away while her case was pending. The typical procedure in a situation like this is to conclude the case by what is called an “abatement.” Although this did conclude the case, I was concerned that her young child may later review her criminal history and find she was charged with a DUI. Accordingly, I attempted to expunge. (erase from public record.) my client’s arrest. The state, however, objected to expunging this case, ... Read More »
New Tennessee Law Affects Interlock Program
As a leading ignition interlock device provider, we are committed to providing up-to-date information on state regulations and changes to ignition interlock device requirements. You may be aware of these new requirements from the Tennessee Department of Safety and Homeland Security Breath Alcohol Ignition Interlock Program, effective January 1, 2023. Starting on that date, strict violation enforcements of the Tennessee Code Annotated Sections TCA 55-10-417 (d) (3) and TCA 55-10-425 (c) will apply to an offender’s program period if they hold ... Read More »
New Study Published: 20% of Deaths of Young U.S. Adults Caused by Excessive Alcohol Consumption
On November 1, 2022, the JAMA Network Journals of the American Medical Association published an article suggesting that an estimated 20.3% of deaths among adults aged 20 to 49 years were attributable to excessive alcohol use and that greater implementation of evidence-based alcohol policies could reduce this proportion. During the 2015-2019 study period, the average deaths of adults aged 20 to 64 years was lower–only 12.9%, but still a number that is far too high if the study’s conclusions are ... Read More »
Technology To Prevent DUIs Moving Faster Than Preventing Speed-Related Crashes
In a story published by CNN, and as previously noted on this website, the National Transportation Safety Board’s (NTSB) recommendation of alcohol impairment detection systems is moving forward. See “Will The 2021 Infrastructure Legislation Make Drunk Driving A Thing of the Past?” and “Apple Developing iPhone Feature to Prevent Drunk Driving.” The NTSB 2017 Safety Study, “Reducing Speeding-Related Crashes Involving Passenger Vehicles,” however, is not moving as quickly. As reported by CNN, “the NTSB also suggested the National Highway Traffic ... Read More »
Bail Conditions Changed for DUI Defendants in Tennessee
As of July 1, 2022, when a judge determines the amount and conditions of bail to be imposed upon a defendant who has been charged with driving under the influence of an intoxicant (DUI), or a related offense, the court shall require the defendant to operate only a motor vehicle equipped with a functioning ignition interlock device if: (i) The offense resulted in a collision involving property damage; (ii) A minor was present in the vehicle at the time of ... Read More »
Toughest Vehicular Homicide Penalties Are Now In Tennessee
DUI penalties in Tennessee just got much worse if someone is killed as a result of intoxication. As of July 1, 2022 the State of Tennessee will carry the toughest penalties in the United States due to its new “Truth in Sentencing” law, amending T.C.A. §40-35-501. Those committing the crimes of Vehicular Homicide Resulting From Intoxication and Aggravated Vehicular Homicide (together with other specified violent crimes) will require the defendant to serve a mandatory 100% sentence. Those convicted of certain ... Read More »